VCS Letter Before Claim Clarification Request

nosferatu1001

Void due to impossibility 
an app can NEVER "display" a ticket or permit. It s impossible. 

LordHorrendous

nosferatu1001 said:

Void due to impossibility 
an app can NEVER "display" a ticket or permit. It s impossible. 

That's the key pillar of my argument.  Or it was, until the contract turned out to be invalid, the witness statement turned out to be a bunch of lies and copy-pasted nonsense, and all the other stuff.  To be honest I'm worried that there's so many problems with their case that I don't know which bit to challenge first.

I really can't overstate how amazing you have all been on these forums.  I'd have caved and paid months ago without this.  I'm knackered, but after the help I've had tonight I feel really excited for the court tomorrow.  My plan is:
1) Contract issues
2) lies and innacuracies in witness statement
3) contract void due to impossibility; no actual contractual terms regarding VRNs on the sign

I feel quite ready.  Thank you.

nosferatu1001

Remember this isn't your meeting, as it were, but the judges. You need to have a crib sheet, with PAGE NUMBERS so you can direct the judge appropriately 

LordHorrendous

Good morning all
Frustrated to say that the case was adjourned today.  This happened after I brought up the issue with the contract (first point I made!), the solicitor asked for adjournment to respond, so we're going to have to wait until December at the earliest.  I'm frustrated because I'm pretty sure that I could have won today using other arguments in my witness statement.  

I'm definitely not complaining about any of the advice that I received or blaming anyone here, in case that's how it sounds - I'm annoyed at myself for not opening with a different argument, and that it's another day off work.  Hopefully all my preparation can go towards the next hearing, though.

I'm a bit worried that this adjournment might mean that they come back with a better witness statement or something.  I think I'm just being irrational with that - the judge only asked for the additional information, but if anyone can reassure me (or warn me what to expect) that would be good.
Thanks everyone

nosferatu1001

Woe did you not object to that?
an adjournment is far beyond what's sensible in small claims. It's disproportionate and unfair on a LIP. did you at least get wasted costs fir today?

we cannot be definite, but they do not have permission to file a complete new statement, just answer the queries there I guess

Le_Kirk

If they submit another witness statement to the court, they must also send a copy to you so you will know if they try to pull a fast one.  Frustrating for you for the adjournment.

Coupon-mad

Did the Judge agree to reserved your costs because the C caused this wasted court time (and your time)? If you didn't ask, then you probably won't get the costs for todays' hearing later.

Also, unlikely to be in December.  More likely the Spring now.

LordHorrendous

@coupon-mad and @nosferatu1001, no we didn't know to ask about costs.  I did try to object, but the judge was clear that the contract question had to be settled before he'd consider any other points.  
@Le_Kirk thanks - I think I knew that but needed someone to tell me.

I feel annoyed at myself, like I've missed an opportunity - I'm sure I'd have won the case on the other points.  First time doing this though, so I'll chalk it up to experience.  Just keep telling myself that regardless of the contract situation, it doesn't change the other facts, so whenever the case is heard I will still be able to win.

nosferatu1001

You always always a always have the word costs in your head !  

As I said you'd need to,object on the basis of proportionality. 

Raise the issue of wasted costs via letter to court. Don't ask don't get 

Snakes_Belly

My case was rescheduled. It was not the same representative the next time and the judge allowed two hours for the rescheduled case. It was a different judge for the second hearing.

It's annoying when you have built yourself up to the hearing but it seems to happen a lot with Excel and VCS cases. For a guess the judge will have allocated more hours for the hearing. I think this is to put the Claimant off as they have to pay the rep for today and for the next hearing. It costs them a fortune especially when they lose which they are doing quite a bit at the moment

There is a current Excel case that was rescheduled and the judge has allowed three hours and it's not a complex case